A DUI conviction in Tennessee comes with many serious consequences. In addition to fines, driver’s license suspension and jail time, a DUI conviction on your record means you face potential employment and educational barriers.
Your professional and personal reputation might be tarnished or permanently ruined due to a DUI conviction. Depending on the circumstances, you may also be prohibited from voting or possessing firearms.
Given the wide range of negative consequences, one of your biggest questions could be how long the DUI conviction will remain on your criminal record.
The 10-year lookback period
Unfortunately, DUI convictions in Tennessee generally stay on both your criminal and driving records for the rest of your life. However, Tennessee has a 10-year lookback period that can potentially shield you from more severe penalties for additional DUI offenses and possibly qualify you for expungement.
The 10-year lookback period under Tennessee law means that any DUI offense that occurs more than 10 years after a prior conviction will be treated as a first-time offense. Therefore, you will not be subject to enhanced penalties that typically apply to subsequent DUI convictions.
Qualifying for expungement
You can potentially get a DUI expunged your record if you were charged with DUI but not convicted. Tennessee law allows criminal charges that do not result in a conviction to be expunged no matter the crime.
This law applies even if your DUI charge was not dismissed. Sometimes you can negotiate a DUI charge down to a lesser charge, such as reckless driving or reckless endangerment. Both these crimes are eligible for expungement after five years.
Therefore, if you do not believe you will be successful in getting a DUI charge dismissed altogether, you can try requesting a plea deal involving you pleading guilty to one of these lesser charges. This is a common scenario in situations involving first-time DUI offenses.
There are other situations that may qualify you for expungement that do not involve pleading to a lesser charge. Participating in a diversion program is another common option for first-time offenders.
A diversion program requires you to complete certain steps, such as community service or drug and alcohol testing. If you successfully complete the program, this can prevent a DUI conviction and qualify you for expungement.
If the prosecution decides not to go forward with the case for any reason or you take your case to trial and are found not guilty, you do not have a DUI conviction on your record and can potentially have the DUI charge expunged.
The expungement process
You can petition the court for expungement. This requires filing documents and appearing at a court hearing. The expungement process can be long and complex but the results are worth it.
Although an expungement will generally remove a DUI conviction from public view, the conviction record is still accessible to law enforcement and certain employers, such as government employers.
You should be fully informed about your options based on your specific case before making any decisions regarding a DUI charge or an expungement.